Can a small company not pay me holiday day this year without any notification if they have always paid it the past?

I worked 4 days and had Memorial day off. I see on my pay check that my employer did not pay me holiday pay, which he has in the past. When I asked him about this he states he didn’t feel that we earned 8 hours of holiday pay this year. Can be do this without any notice before hand and short my paycheck?

Asked on June 6, 2017 under Employment Labor Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement to the contrary, whether or not to offer paid holidays is up to your employer's discretion. That is so long as such pay was not specifically promised you beforehand but then not paid after the fact. However, this does not appear to be the case in your situation. Typically, employment relationships are "at will". This means that a company can set the condtions of employment much as it sees fit (absent some form of legally actionable discrimination).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can do this without notice: unless there was a written employment contract guarantying you holiday pay, you had no right to it and the employer can no duty to pay it; furthermore, except as limited by a contract, an employer has the right to make changes to compensation, policies, benefits,  perks, etc. at will, at any time, without notice.

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